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(영문) 대구지방법원 서부지원 2018.08.30 2018고합126

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, on May 3, 2018, 16:00, in a sports facility in the D Park located in the Daegu High-gu, U.S., Daegu High-gu, and in the D Park in the Republic of Korea, along with her

Victim E (9) using a sports organization is discovered, and the victim is next to the victim’s “school”;

Esar.

The term "the victim's sexual organ was met with the victim's own loss as the victim's sexual organ."

Accordingly, the defendant committed an indecent act against the victim who is under 13 years of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Stenographic records;

1. Application of statutes on site photographs;

1. Relevant Article 7 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order of disclosure, notification, and employment restriction order is exempted, the proviso to Article 49 (1), the proviso to Article 50 (1), and the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant has no record of punishment for any sexual crime and thus is at risk of recidivism or recidivism of sexual assault against him/her;

It is difficult to conclude that the registration of personal information on the defendant and the completion of sexual assault treatment programs can have the effect of preventing recidivism to some extent.

In light of the overall circumstances, such as the Defendant’s age, family environment, social relationship, etc., if comprehensive consideration of the fact that the disclosure, notification, and employment restriction order appears to be relatively less than the disadvantages and anticipated side effects that the Defendant may sustain, the effects of preventing sexual crimes, etc., which may be achieved by the order, are likely to be relatively less, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the employment of the child or juvenile-related institutions

(C) the registration and submission of personal information.